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(영문) 인천지방법원 2018.11.28 2018고단7068
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 2, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (on September 2, 2018, at around 0:00, the Defendant driven CM car in the state that it is difficult to drive it normally due to the influence of drinking, which reaches 0.196% of alcohol level in front of the building in Bupyeong-gu Incheon Bupyeong-gu B, Incheon, while driving it at a speed of about 40km in speed, depending on one speed among the three-lanes in the backside of the flow distance.

Since there is a center line of yellow solid lines at the center of the road, in such a case, the driver of the vehicle has a duty of care to safely drive the motor vehicle along the lane with the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the duty at the front time, and was in the middle line due to the negligence of the center line, and received the part prior to the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-oned-oned-out-hand-on-on-on-hand-hand-on

Ultimately, the Defendant driven the said marina car in a situation where it is difficult to drive the car normally due to influence of drinking, and suffered brain-dead injury that requires approximately three weeks of medical treatment to the victim.

2. On September 2, 2018, the Defendant: (a) driven a Maz car under the influence of alcohol level of about 0.196% in a section of about 500 meters from around 20:0 of the Incheon Bupyeong-gu to the place indicated in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Each photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing danger driving) and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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